HomeMy WebLinkAboutbocc.con.154.20 - BOCC LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made and entered into this 1st day of August, 2020,
by the Aspen Pitkin County Airport of Pitkin County, Colorado (hereinafter called "Aspen Pitkin
County Airport"), and Travis Davis_(hereinafter called "Lessee"),
WITNESSETH:
1. Lease Covenant. In consideration of the payment of the rents and the keeping and performing
of the covenants and promises hereinafter set forth, Aspen Pitkin County Airport hereby leases to
the Lessee the premises situated in Pitkin County, Colorado described as follows (the "Premises"
or"leased Premises"): 1300 East Valley Road, Basalt, Colorado, 81621.
2. Lease Term. The term of this Lease shall commence on August 1, 2020 and shall expire on
January 31, 2021, (the "Primary Term") unless sooner terminated as provided herein, subject to
the terms and conditions of this Lease. Unless terminated as provided herein, Lessee shall have
the right to renew the lease at the end of the Primary Term for an additional six-month term,upon
written agreement in the form of a new lease with Aspen Pitkin County Airport.
3. Employment. Lessee agrees that he or she shall remain employed with the Aspen Pitkin
County Airport and occupy the leased Premises as his or her primary residence in accordance
with the terms of the Airport Employee Housing Policy through the duration of this agreement,
as a condition of this lease. In the event of termination of such employment or occupancy of
other property as a primary residence, Lessee shall surrender his/her right to use and occupy the
employee unit within 30 days, and this Lease shall terminate.
4. Rent.
a. Rent for the Primary Term of this Lease shall be the sum of $6,270.00 payable in monthly
installments of$1,045.00 commencing on August 1st,2020 and continuing on the first day of each
calendar month thereafter.
b. Lessee has paid in advance, in addition to the regular rental payment; 0 days prorated rent in
the amount of$0 based on a move-in date of August 1st, 2018.
c. Lessee has paid a Security Deposit of$1,045.00.
d. It is agreed that in the event of any default in the payment of rent in excess of five (5) days in
any of the installments allowed in this Lease,the whole of the rent reserved for the then remaining
period, shall, at the option of the Aspen Pitkin County Airport, become due and payable without
any notice or demand from the Aspen Pitkin County Airport.
e. Rent payments shall be made in the form of a personal check, cashier's check or money order
made out to Aspen Pitkin County Airport and delivered or mailed to Aspen Pitkin County Airport
at the address of: 0233 E. Airport Rd. Ste. A Attn: Accounting Aspen, CO. 81611
f. If Lessee makes any payment to Aspen Pitkin County Airport by a check which is later
dishonored for any reason, Aspen Pitkin County Airport may, in addition to the other remedies
available to it hereunder,require that future rental payments be made by cashier's check or certified
funds. Lessee agrees to pay Aspen Pitkin County Airport$35 for each instance that a check written
to Aspen Pitkin County Airport is dishonored in addition to a late payment charge. Aspen Pitkin
County Airport, at its option, has the right to terminate this Lease upon receiving its first
dishonored check from Lessee.
5. Late Charges. Lessee shall be assessed a late charge of$50 if rent has not been paid by the
close of business on the fifth day (5th) of the month. If the 5th falls on a Saturday, Sunday or
holiday, rent will considered late on the following business day. Aspen Pitkin County Airport's
failure to collect any late charges that have accrued shall not be deemed to be a waiver of these
charges and Aspen Pitkin County Airport shall be entitled to deduct all accrued and unpaid late
charges out of Lessee's Security Deposit upon termination of this Lease. Late charges shall accrue
as provided hereunder in any case where the full rent, or any portion thereof, due hereunder
remains unpaid. Accordingly, partial payments of rent will not prevent the full late charge from
being applied to the amounts due.
6. Security Deposit.
a. The Lessee, as stated above, shall deposit with the Aspen Pitkin County Airport the sum of
$1,045.00 as security for the faithful performance of the terms and obligations of the Lessee
provided for herein. This Security Deposit shall be held by Aspen Pitkin County Airport, for the
term of the Lease. No interest shall be paid to Lessee on the Security Deposit. The Aspen Pitkin
County Airport, at its option, may apply proceeds from the Security Deposit as partial or full
payment for any month's rent unpaid during the lease term, including late charges, after written
notice to Lessee. The Aspen Pitkin County Airport further can apply any proceeds from the
Security Deposit to the repair of damage caused to the Premises stated after written notice to
Lessee. The Security Deposit shall not be deemed to be the total amount for which the Lessee
shall be responsible in the event of damage caused by the Lessee. The Lessee shall be responsible
and liable for damage caused by pets, guests, tenants and any other invitees of the Lessee.
b. In the event that cause exists for retaining any portion of the Security Deposit, Aspen Pitkin
County Airport, not later than 60 days after the expiration or sooner termination hereof, shall
provide Lessee with payment of the unused portion of this deposit and an accounting of deductions.
Said sixty(60)day notice shall be deemed given upon deposit in the mail,regular postage pre-paid
addressed to Lessee at the address set forth in this Lease. This Security Deposit shall not be
construed as liquidated damages and shall not impair or alter remedies otherwise available to
Aspen Pitkin County Airport hereunder, or at law or in equity, including the right to proceed
against the Lessee for rent, damages or expenses not adequately covered by the deposit. In the
event Lessee unlawfully attempts to terminate this Lease or abandons the Premises, Aspen Pitkin
County Airport shall be entitled to retain the entire Security Deposit.
c. In the event of default and failure to cure,or if Lessee abandons the Premises,or should Lessee
be evicted, Aspen Pitkin County Airport, in addition to any other remedies available to it, may re-
enter the Premises without any liability to Lessee therefore, and as agent for Lessee or otherwise,
re-let the Premises. The proceeds of any re-letting shall be applied first to the cost and expenses,
including reasonable attorney's fees, incurred by Aspen Pitkin County Airport in order to re-enter
and re-let the Premises, and then to rent liabilities, expenses and other obligations of Lessee
accrued subsequent to the date of re-entry. Lessee shall remain liable to Aspen Pitkin County
Airport for all rent, liabilities, expenses and other obligations hereunder for which recovery is not
made by Aspen Pitkin County Airport through re-letting as provided in paragraph 26 below.
d. The rights and remedies of Aspen Pitkin County Airport provided for herein are in addition to
and not an exclusion of any other remedies available to them at law or in equity.
7. Notice of Intent to Terminate at End of Lease Term. If Lessee does not wish to renew this
Lease at the expiration of the term hereof, Lessee shall so notify Aspen Pitkin County Airport of
its intent to vacate the Premises on the termination date at least 30 days prior to the termination
date of this Lease. Aspen Pitkin County Airport, in its sole discretion, may determine to renew
the lease or to terminate it for any reason, including but not limited to Lessee's maintenance of
the Premises as required in paragraphs 10 and 10.1 below. If Lessee does not renew for another
lease term and vacates the Premises at the end of the lease term without providing such 30-day
notice, Lessee agrees that as and for liquidated damages, Aspen Pitkin County Airport shall be
entitled to retain Lessee's Security Deposit at the end of the lease term,plus recover from Lessee
any damages or cleaning charges incurred by Aspen Pitkin County Airport as a result of
Lessee's vacation of the Premises.
8. Inspection. Aspen Pitkin County Airport or its agents shall have the right to inspect the
Premises at reasonable times during the term of this Lease upon giving reasonable notice to the
Lessee of the intent to inspect. The amount of time necessary for notice shall be governed by the
circumstances under which inspection is carried out.
9. Condition of the Premises. Lessee hereby acknowledges that Lessee has inspected the
Premises and fixtures and warrants that the same are in good condition and suitable for the use
intended at the time of taking possession of the Premises. Lessee further acknowledges that
there is no damage to the Premises, furniture or fixtures at the commencement of this
Lease other than as specifically set forth in writing, signed by the parties at the
commencement of this Lease initialed by Aspen Pitkin County Airport and Lessee. Lessee,
at Lessee's own cost, agrees to maintain the Premises, together with all appurtenances thereto, all
fixtures and appliances, in accordance with paragraphs 10.0 and 10.1 below, and shall at the
expiration or sooner termination hereof deliver the same to Aspen Pitkin County Airport in their
present condition and state of repair,reasonable wear and tear excepted. Lessee shall be
responsible for any damage to the Premises or any portion thereof, caused by the acts or
omissions of Lessee or Lessee's family, agents or guests. In the event of such damage, Lessee
shall deliver immediate notice thereof to Aspen Pitkin County Airport. Aspen Pitkin County
Airport at its sole option, may require Lessee to repair said damage at Lessee's own cost and
expense, or Aspen Pitkin County Airport may repair such damage and charge the expense
thereof to Lessee as additional rent hereunder.
10. Maintenance of Premises. Lessee shall maintain the Premises in a reasonably clean and safe
manner, including the following:
a. Keep the Premises reasonably clean, safe, and sanitary as permitted by the condition of the
Premises;
b. Dispose of ashes, garbage, rubbish, and other waste from the Premises in a clean, safe,
sanitary, and legally compliant manner;
c. Use in a reasonable manner all electrical,plumbing, sanitary,heating, ventilating,
air-conditioning (if any), and other facilities and appliances within the Premises;
d. Conduct himself or herself and require other persons upon or within the Premises within the
Lessee's control, to conduct themselves in a manner that does not disturb their neighbors'
peaceful enjoyment of the neighbor's dwelling unit(s) or property; and
e. Promptly notify the Aspen Pitkin County Airport if the Premises is uninhabitable as defined
in C.R.S. § 38-12-505 or if there is a condition that could result in the Premises becoming
uninhabitable if not remedied.
10.1 Lessee shall not knowingly, intentionally, deliberately, or negligently destroy, deface,
damage, impair, or remove any part of the Premises or knowingly permit any person within his
or her control to do so.
11. Use of the Premises. The Lessee shall use the Premises for residential and related purposes
only and shall permit no activity on the Premises which will violate the laws of the County of
Pitkin, State of Colorado, or United States. This Lease is also subject to all agreements and
protective covenants of record or off record,which agreements and covenants shall not be violated
by Lessee. Lessee shall not use nor permit the Premises or any part of the Premises,to be used for
any business purposes(except home office uses without signs or client traffic)or unlawful purpose
of any sort.
12. Number of Occupants. Lessee agrees that there will not be more than two (2) permanent
occupants of the Premises. Lessee shall be permitted occasional overnight guests, but at no time
shall other than the named Lessee hereunder permanently occupy the Premises.
13. Pets. Lessee shall be permitted to keep 1 pet(s) on the Premises, so long as said pet is not
damaging the Premises. In such event, the pet shall be removed, or this Lease may be terminated
on 30 days' notice. Additionally, dogs must be leashed, cleaned up after and must not create a
noise disturbance.
14. Sublease or Assignment. The Lessee shall not sublease or assign the Premises (or any portion
of said Premise) without the prior written consent of the Aspen Pitkin County Airport, which
consent shall be given in Aspen Pitkin County Airport's sole discretion. In the event Lessee,
having obtained such written consent of the Aspen Pitkin County Airport, shall assign or sublease
this Lease to a nominee or some person, the Lessee shall guarantee the performance of the lease
obligations provided for the Lessee under this lease.
15. Utilities. Lessee shall, except as provided for herein,pay for some utilities, including electric,
gas, cable TV, telephone and trash removal in connection with the Premises. Lessee's failure to
pay these utilities in a timely fashion shall be a default hereunder.
16. Noises. Lessee shall not permit loud noises,whatever the source, from the leased Premises to
disturb the neighborhood.
17. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of
this Lease, the substantially prevailing party, whether by final judgment or out of court settlement,
shall recover from the other party all costs and expenses of such action or suit including reasonable
attorney fees.
18. Alterations. The Lessee shall not make any alterations, additions, improvements or repairs
to the Premises (other than ordinary maintenance) without the prior written consent of the Aspen
Pitkin County Airport, and all work, after any such consent shall be given, shall be done in a
satisfactory and workmanlike manner and with satisfactory materials, subject to the written
approval and physical inspection and supervision of the Aspen Pitkin County Airport. Any
alterations, additions or improvements, when made or attached to the Premises, shall belong to
and become the property of Aspen Pitkin County Airport and shall be surrendered upon the
expiration or sooner termination of this Lease. Lessee shall not permit any lien or other
encumbrance to be filed against the Premises in connection therewith, and shall indemnify Aspen
Pitkin County Airport against such liens and encumbrances.
19. Misuse and Neglect or Injury to the Premises.
a. The Lessee shall, at his own cost and expense, take good care of the leased Premises and shall
at his own cost and expense, make all repairs required to the ceilings, walls, floors, windows,
fixtures, paper, pipes,plumbing work and furniture, if the Premises are furnished, whenever such
damage and injury shall result from the Lessee's misuse or neglect; and, at the end or other
expiration of the terms hereof,the Lessee shall deliver up the Premises in good order and condition,
reasonable wear and tear excepted.
b. All injury to the Premises, or to the fixtures, caused by moving any property of the Lessee, in
or out of the Premises, and all breakage or other injury done by the Lessee, or his family, agents,
servants, or visitors, as well as any damage caused by the overflow or escape of water, gas
electricity, or other substance, due to the negligence of the Lessee, or the family, agents, servants,
roommates or visitors of the Lessee shall be repaired by the Aspen Pitkin County Airport, at the
expense of the Lessee. The costs shall be determined on statements rendered by the Aspen Pitkin
County Airport to the Lessee and the sum so determined shall be payable to the Aspen Pitkin
County Airport upon delivery of such statements.
c. The Aspen Pitkin County Airport shall not be liable for any damage to any property or person
at any time in the Premises from gases, or electricity, or from water, rain, or snow, whether they
may leak into, issue, or flow from any part of the Premises, or from pipe, or plumbing works, or
from any other place or quarter, unless caused by the Aspen Pitkin County Airport's affirmative
act of negligence, or an affirmative act of negligence by the Aspen Pitkin County Airport's agents
or employees. The Lessee shall give to the Aspen Pitkin County Airport prompt written notice of
any accident to, of defect in, the water pipes, warming apparatus or electric wires, and the same
shall be remedied by Aspen Pitkin County Airport with due diligence, subject to subparagraph
18(a) and (b) of this Lease.
20. Applicable Law and Venue. This Lease is to be construed according to the laws of the State
of Colorado. Jurisdiction for any disputes hereunder shall be in the courts in and of Pitkin County
and the State of Colorado.
21. Notices. Any notice required or permitted under this Lease shall be in writing and shall be
provided by electronic delivery to the e-mail addresses set forth below and by one of the following
methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing
addresses set forth below. Each party by notice sent under this paragraph may change the address
to which future notices should be sent. Electronic delivery of notices shall be considered delivered
upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall
be construed to preclude personal service of any notice in the manner prescribed for personal
service of a summons or other legal process.
To Lessee: To Aspen Pitkin County Airport:
Travis Davis Aspen Airport Accounting Dept
1300 E. Valley RD 0233 E. Airport RD, Suite A
Basalt, CO 81621 Aspen, CO 81611
Travis.davis(a,aspenairport.com Chris.Padilla(a,aspenairport.com
22. Severability. If any provision of this Lease shall be declared invalid or unenforceable, the
remainder of the Lease shall continue in full force and effect.
23. Quiet Enjoyment. Subject to the terms of this Lease, and the faithful performance of Lessee's
obligations hereunder, Lessee shall have quiet enjoyment of the Premises during the term hereof,
provided however, that Aspen Pitkin County Airport shall not be responsible for any disturbances
caused to Lessee as a result of actions not directly attributable to Aspen Pitkin County Airport,
including without limitation,maintenance, and repair, traffic noises, construction noises and other
disturbances.
24. Joint and Severable Liability. In the event that more than one Lessee is obligated under the
terms of this Lease, each such Lessee shall be jointly and severally liable for the fulfillment of all
of the obligations of this Lease, including without limitation, the payment of rent and the payment
of the Lessee's other financial obligations hereunder.
25. Casualty. In case of fire or other casualty, the Lessee shall give immediate notice to Aspen
Pitkin County Airport. If the leased Premises are not livable as a result of fire, the elements or by
any other cause not resulting from Lessees'neglect or default,the obligation to pay rent shall cease
until the demised Premises shall be substantially repaired, whereupon the obligation to pay rent
shall resume to the same extent and at the same rate as if the damage had not occurred. However,
the obligation to pay rent shall not cease nor shall any reduction in the rental payment be made
during the period that Lessee continues to reside in the Premises. In no event, however, shall the
provisions of this clause become effective or be applicable if fire or other casualty or damage shall
be the result of carelessness, negligence or improper licensees, invitees, sublessees, assignees or
successors. In such case, the Lessee's liability for the payment of rent and the performance of all
the covenants and conditions and terms hereof on the Lessee's part to be performed shall continue
and the Lessee shall be liable to the Aspen Pitkin County Airport for the damage and loss suffered
by Aspen Pitkin County Airport, including all repairs and rebuilding expenses. Aspen Pitkin
County Airport shall not be responsible for any loss or damage of Lessee's personal property.
26. Condemnation. In the event that the Premises are taken by an authority exercising the power
of eminent domain, this Lease shall terminate as of the date possession shall be taken by the
condemner. Lessee waives all claims against Aspen Pitkin County Airport or any condemning
authority by reason of the complete or partial taking of the Premises, or the remainder of the
Premises, and shall not be entitled to receive any part of any award that Aspen Pitkin County
Airport may receive, hereby quitclaiming ail interest therein to Aspen Pitkin County Airport,
unless otherwise prescribed by law.
27. Default and Termination. If there shall be a default in the performance of the payment of rent
or any part thereof for more than three (3) days after written notice of such default from Aspen
Pitkin County Airport or Aspen Pitkin County Airport's agent to Lessee, this Lease and all rights
of Lessee hereunder shall terminate. If there shall be a delinquency by Lessee in the performance
of any other covenant, agreement, condition, rule or regulation herein contained or hereafter
established for more than three (3) days after written notice of such default from Aspen Pitkin
County Airport to Lessee, Aspen Pitkin County Airport, or Aspen Pitkin County Airport's agent,
at any time thereafter may terminate this Lease by providing a notice to quit to Lessee, which
notice to quit shall be effective upon delivery to Lessee or upon posting on the front door of the
Premises. In that case,this Lease shall terminate and all rights of Lessee hereunder shall terminate.
Aspen Pitkin County Airport may also terminate this Lease for any substantial violation in
accordance with the provisions of C.R.S. 13-40-107.5.
The abandonment of the Premises by the Lessee as defined in C.R.S. § 38-12-501, shall constitute
a default under this Lease and all rights of Lessee shall there upon terminate. Prior to expiration
or termination,Aspen Pitkin County Airport may inspect the Premises as provided in paragraph 7
above to determine compliance by Lessee with the terms of this Lease, including but not limited
to condition of Premises.
Upon termination of this Lease,pursuant to the preceding subparagraph or otherwise, Lessee shall
peacefully surrender the leased Premises to Aspen Pitkin County Airport,and Aspen Pitkin County
Airport may,upon or at any time after such termination,without further notice,re-enter the leased
Premises and repossess it by force, summary proceedings, ejectment, or otherwise, and may
dispossess Lessee and remove Lessee and all other persons and property from the leased Premises.
Lessee shall be responsible for any and all costs and attorney's fees incurred by Aspen Pitkin
County Airport in enforcing the provisions contained in this paragraph. At any time after such
termination, Aspen Pitkin County Airport may re-let the leased Premises or any part thereof, in
the name of the Aspen Pitkin County Airport or otherwise for such term(which may be greater or
less than the period which would otherwise have constituted the balance of the term of this Lease)
and on such conditions as Aspen Pitkin County Airport, at its discretion,may determine, and may
collect and receive the rents therefore. Aspen Pitkin County Airport shall in no way be responsible
for or liable for any failure to re-let the leased Premises or any part thereof, or for any failure to
collect any rent due upon such re-letting.
No termination of this Lease shall relieve Lessee of Lessee's liability and obligations under this
Lease, and such liability and obligations shall survive any such termination. In the event of any
such termination, whether or not the leased Premises or any part thereof shall have been re-let,
Lessee shall pay to Aspen Pitkin County Airport the rent required to be paid by Lessee up to the
time of such termination, and thereafter Lessee,until the end of what would have been the term of
this Lease in the absence of such termination, shall be liable to Aspen Pitkin County Airport for,
and shall pay to Aspen Pitkin County Airport, as and for liquidated and agreed damages for
Lessee's default:
a. The equivalent of the amount of rent which would be payable under this Lease by Lessee if
this Lease were still in full force and effect, including charges for all utilities and services as
provided in this Lease.
b. The net proceeds of any re-letting effected pursuant to the provisions of the preceding
subparagraph, after deducting all of Aspen Pitkin County Airport's reasonable expenses in
connection with such re-letting, including but not limited to all repossession costs, brokerage
commissions, legal expenses, attorneys' fees and expenses of preparation for such re-letting.
28. Additional Remedy Upon Default. If Lessee shall be in default hereunder as above defined,
Aspen Pitkin County Airport may, at its option, cure such default on behalf of Lessee without the
exercise of its rights as contained in paragraph 26 of this Lease, in which event Lessee shall
reimburse Aspen Pitkin County Airport for all sums paid to effect such curing, including
nonpayment of rent, together with interest at the rate of 18%per annum and reasonable attorneys'
fees incurred in collection shall be paid by Lessee to Aspen Pitkin County Airport on demand and
shall be recoverable as additional rent.
29. Lessee's Property Remaining on Premises. In the event the term of this Lease expires or is
otherwise terminated, or the Premises are abandoned hereunder, and Aspen Pitkin County Airport
enters into possession of the Premises and there is within the Premises furniture, furnishings,
fixtures, or other personal property of the Lessee,Aspen Pitkin County Airport shall have the right
and option without liability to Aspen Pitkin County Airport: 1) to store such property in a
warehouse or other storage space provided by Aspen Pitkin County Airport or others at the
reasonable storage expense of Lessee; or 2) to cause such property to be sold at public or private
sale with or without notice to Lessee,at which sale Aspen Pitkin County Airport may be purchaser,
and to apply the proceeds of such sale first to the reasonable incurred expenses of collection or
sale and thereafter on any indebtedness due by Lessee to Aspen Pitkin County Airport, with any
excess over the amounts required for such purposes payable to Lessee, or (3) in the discretion of
Aspen Pitkin County Airport should such property be deemed by it of small value, said property
may be discarded or destroyed. For purposes of this paragraph, an abandonment shall be
determined consistent with C.R.S. § 38-12-510.
30. Holding Over. Upon the expiration or sooner termination hereof, Lessee shall immediately
and without notice from Aspen Pitkin County Airport surrender possession of the Premises to
Aspen Pitkin County Airport.In the event Lessee does not so vacate the Premises,Lessee's holding
over shall not be deemed a tenancy of any kind or nature whatsoever and Lessee shall be subject
to eviction proceedings without further notice. For purposes of such proceedings, Lessee shall pay
the fair rental value of the Premises for the period of such holding over. The Lessee stipulates that
such rental shall be that charged for the Premises for under this Lease, or that amount provided for
in this Lease, whichever is greater. Payments made by Lessee(s) to Aspen Pitkin County Airport
during such holdover shall be credited to against Lessee's obligation to pay the fair rental value of
the Premises, but shall not create any rights in tenancy, of any kind or nature whatsoever, and
Lessee shall remain subject to eviction without further notice. If Lessee remains on the Premises,
the tenancy so created shall be a tenancy at will.
31. Indemnity. Lessee hereby agrees to and does indemnify and hold Aspen Pitkin County Airport
harmless from and against any and all claims, demands, causes, judgments or liability for any
losses or damage to any property of, or any injury or death to, any persons in or about the Premises
during the term of this Lease, including, but not limited to Lessee, Lessee's family, agents,
servants, guests, licensees, or invitees; and further, Lessee shall indemnify Aspen Pitkin County
Airport for any payments, expenses, costs or attorney fees incurred by Aspen Pitkin County
Airport as a result of such losses, damages, injury or death
32. Government Immunity. The parties hereto understand and agree that Aspen Pitkin County
Airport is relying on, and does not waive or intend to waive by any provision of this Lease, the
monetary limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act et seq., as from time to time amended, or otherwise available to
Aspen Pitkin County Airport, its subsidiary, associated and/or affiliated entities, successors, or
assigns; or its elected officials, employees, agents, and volunteers.
33. Waiver. Failure of Aspen Pitkin County Airport to declare any default immediately upon
occurrence thereof and any delay in taking any action in connection therewith shall not waive such
default, but Aspen Pitkin County Airport shall have the right to declare any such default at any
time.
34. Nondiscrimination. Aspen Pitkin County Airport shall not discriminate against any Lessee
because of age,race, color,religion, sex,creed,marital status, sexual orientation,public assistance
status, disability, handicap, nationality or ancestry.
35. Modification. This Lease may not be modified except in writing signed by the parties.
36. Binding Effect. The terms and conditions of this Lease shall extend to and be binding upon
the heirs, executors, legal representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Lease on the date first above written.
LESSOR: LESSEE:
Aspen Pitkin County Airport of Travis Davis
Pitkin County, Colorado
By: a iS °Jack, Aug-03-2020 By tleau.is VAS Aug-03-2020
Chris Padilla Travis Davis
Airport Controller
Docu�i ,
- SECURED
Certificate Of Completion
Envelope Id:41A56B3D2011426DBE5FCD8173F1C51D Status:Completed
Subject: 1300 Housing Lease Travis Davis 8.1.2020-1.31.2021
Source Envelope:
Document Pages:9 Signatures:2 Envelope Originator:
Certificate Pages:5 Initials:0 Jennifer Mitchley
AutoNav: Enabled 530 East Main Street
Envelopeld Stamping: Disabled Suite 203
Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611
jennifer.mitchley@aspenairport.com
IP Address:216.237.67.99
Record Tracking
Status:Original Holder:Jennifer Mitchley Location: DocuSign
7/28/2020 11:40:55 AM jennifer.mitchley@aspenairport.com
Signer Events Signature Timestamp
Travis Davis t Sent:7/28/2020 11:43:36 AM
Travis.Davis@aspenairport.com taWS Viewed:8/3/2020 9:41:24 AM
Aircraft Rescue Firefighter Signed:8/3/2020 9:44:30 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:65.38.144.66
Electronic Record and Signature Disclosure:
Accepted:8/3/2020 9:41:24 AM
ID:6f4fb666-728c-40d2-8c10-6850bfc81412
Company Name:Pitkin County,Colorado
Chris Padilla I Sent:8/3/2020 9:44:32 AM
P ,_
chris.padilla@aspenairport.com S P 1-tt.a Viewed:8/3/2020 11:20:51 AM
Airport Controller Signed:8/3/2020 11:21:02 AM
Aspen/Pitkin County Airport
Security Level: Email,Account Authentication
Signature Adoption: Pre-selected Style
(None) Using IP Address:75.71.107.147
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Hilary Burgess VIEWED Sent:7/28/2020 11:42:26 AM
hilary.burgess@aspenairport.com Viewed:7/28/2020 11:43:36 AM
Pitkin County Colorado
Security Level: Email,Account Authentication Using IP Address:67.44.161.89
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Jeanette Jones COPIED Sent:8/3/2020 11:21:05 AM
Jeanette.jones@pitkincounty.com
BOCC Clerk
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/3/2020 11:21:05 AM
Certified Delivered Security Checked 8/3/2020 11:21:05 AM
Completed Security Checked 8/3/2020 11:21:05 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:3/20/2020 3:28:13 PM
Parties agreed to:Travis Davis
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you,please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above,please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
• I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree'button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions,please
confirm your agreement by clicking the 'I agree'button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.